(a)Option of puberty under Muslim law (b) Effect of conversion by a spouse under Muslim Law (c) Maintenance of wife under Hindu Law and Secular Law (d) Mother as guardian under HAMA, 56. In any case, presently the Muslims are controlled by the Indian Majority Act, 1875, apart from . [Mst Daulan vs Dosa 8 DLR (WP) 77] Anything done by the minor during the minority would not destroy the right which could accrue only after puberty. Under Muslim law, the guardian is required for the purpose of marriage, for protecting the minor's persona and protecting the property. Divorce under Islamic Law, 9 Cochin University Law Review 315, 315 (1985) Moonshee Buzloor Ruheem v. Shumsoonnisa Begum, (1867) 11 MIA 551 If a Muslim male dies with both male and female heirs, both will get the possessions at the same time. This should be done in a single sitting. Marriage with a woman undergoing iddat.-. This is called the option of puberty. Under the Muslim law, where a minor is contracted in marriage by any Guardian other than the father or father's father, the minor has the option to repudiate the marriage on attaining puberty.6 It is not clear where a minor is given in marriage buy a Guardian other than the father or grandfather, he may be able to exercise is right of . Some jurists are of the opinion that muslim marriage is . Q4) Discuss the will making power of a muslim under Muslim Law. In the later days, the disciples of Prophet Muhammad (or Muslim jurists) have refined and polished these principles. . to cancel the marriage, if solemnized during minority, with the consent of their guardian. The Indian Majority Act, which aims the age of marriage at completion of 18 years and 21 years does not apply in Muslim law in cases of marriage, dower i.e. . A Judicial separation is a legal separation of couples from each other without obtaining a decree of Divorce. For the purpose of marriage in Muslim Personal Law. Q32 Option of puberty means a) a Muslim minor girl married during minority by a guardian has a right to ) . In Muslim law, the majority is attained at (a) the age of 12 years (b) the age of 9 years (c) the age of 18 years (d) the puberty. Describe the procedure of pronouncing different kinds of Talaq. By this Act age determine for male 21 and female 18 years for marriage. Under Mohammedan Law Option of puberty is a right available to repudiate a woman's marriage—if it occurred while she was a minor, which include a marriage contracted for her by her father or grandfather. Muta , marriages are allowed today by the a. Sunnits Schools of Mohammedan law b. . This option is used by a person whose marriage was performed during his/her minority by the guardian and on attaining puberty he/she wants to repudiate that contract. But, under Shia law a minors marriage must be approved by the minor on attaining puberty. TALAAQ. Option of puberty in Muslim Law is taken for the age of legal competence. The legal system is based in part on English common law.Bangladesh seceded from Pakistan in December 1971. Discuss the concept of Option of Puberty [Khyar- ul- Bulugh]. prabhakar singh (Expert) 17 November 2011 A person who is authorized under the law to protect the person or property of a minor is called a guardian. According to the Muslim Personal law, if two Muslims want to solemnize a valid marriage, it is essential that they . This option is further classified into 'option of repudiation' and 'option of puberty'. be removed by divorcing his first wife or when she is dead. This rule applies equally whether a) a woman has had intimacy with her husband during his life-time or not b) she had any kind of privacy with him or not c) she had come to live with him or not d) she menstruates or not e) she is old or young f) she reached the age of puberty or not. The husband and wife, as well as the parties to the marriage, must be competent. In Bangladesh Child marriage Restraint Act 1929 is applicable for all religion people. Puberty Defined: Under the Hanafi law, puberty in a minor of either sex, is presumed to have been attained on completion of the fifteenth year. The current research paper is an analytical study of "Khyar- ul- Bulugh" that is a benefit available to Muslim minor to revoke his or her marriage under Muslim law at the option of Puberty. Alimony and Maintenance as an independent remedy. It is not lawful for a Mahomedan woman to have more than one husband at the same time. However, in Islamic law, two women to serve as a witness to the ceremony. This is called the option of puberty or khyar-ul-bulgh. By mutual consent of the husband and wife, - Khula and Mubarat. However, the Shia law considers marriage with the fifth wife as void. option of puberty is a right of a minor boy or girl whose marriage has been contacted through a Guardian, to repudiate or confirm the marriage on attaining puberty. A marriage entered into by a girl while she has not attained puberty under Muslim law is a (a) valid marriage (b) void marriage (c) voidable marriage (d) either (a) or (c). Bangladesh, People s Republic of. After the expiry of the fourth month, the marriage dissolves irrevocably. The wife defends her separation from husband. Under Muslim law Polyandry is prohibited and a married woman cannot marry second time . The Muslim law-givers make some distinction between the woman's power of repudiation and the man's power of repudiation. Justice Alka Sarin passed this order while hearing a petition filed by a Muslim . There is a certain age in both male and female after getting to which they reach the age of puberty. c. voidable marriage. [18] a) Conditional bequest. The term 'Guardianship' ( wilayat) indicates the guardianship of a minor. Under this obligation a boy or girl has the option of repudiating the marriage. For any lawful conjunction between a man and woman, it is necessary that there must be an offer and acceptance of the same. Under the Shia law, a Muslim may marry his wife's . Origin and development of Muslim law • Muslim Law or the Islamic Law is believed to have been originated from the divine. According to Section 2 (vii) of the Act, the wife can claim dissolution of her marriage if she is able to prove one of the following facts: 8. Muslim law deals with this matter under two heads: (a) when the child is given in marriage by the father or grandfather, (b) when the child is given in marriage by a guardian in marriage other than the father or the grandfather. 1550 Option of puberty under Muslim Law 1551 Gurdianship under Muslim Law 1552 Schools of Hindu Law 1553 Sarla Mudgal Vs Union of India (1995) 3 SCC 635 1554 Same Sex Marriage 1555 Naven Kohli Vs Neelu Kohli (AIR 2006 SC 1675) 1556 Savitaben Vs State of Gujrat (AIR 2005 SC1809) Alimony and Maintenance. Rules relating to the option of puberty under Muslim law, may be stated as under: (i) The option of . A bench of Justice Alka . Q.1 I. A Study of Islamic Family Law, 31 (2nd Ed. Indian Divorce Act, 1869 - provisions under the Criminal Procedure Code, 1973. Under Muslim law the age of puberty is presumed on completion of 15 years of age. . The parties must be of sound mind to such an extent that they must give their full and free consent to the marriage, and should have attained the age of puberty, the age of puberty is . Case . Rules relating to the 'option of puberty' under Muslim law, may be stated as under: (i) The 'option of puberty' cannot be exercised by husband if his marriage was contracted by father or grandfather. A marriage contracted by the guardian of a girl, while she has not attained the puberty is a. a. valid marriage 2015. When the marriage of a minor has been contracted by any guardian other than the father or father's father, the minor has the option to repudiate marriage on attaining puberty. According to Shia law, therefore, unless the minor on attaining majority, expressly ratifies the marriage, it is no marriage at all in the eyes of law. Under the Muhammadan law, in the matters of marriage, dower and divorce, puberty and majority are one and the same. Option of Puberty and implemented under Section 13 (2) (iv), a Hindu wife may petition for divorce on the ground that her marriage was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age of 15, but before attaining 18 years of age. . In Muslim law, talaaq means freedom from bondage of marriage. Discuss the validity of following marriages: (i) Marriage of Meeta, a Hindu, with Mahesh, who is her paternal grandfather's sister's son's son. 2000). Adopted from the Muslim law of Khayyar a Bulugh i.e. c) Disqualifications for inheritance under Hindu Law. under Muslim law by a minor at the 'option of puberty' is known as "Khyar- ul- Bulugh". Under IthnaAsharia (Shia) School, Ila, does not operate as . Such an option can only be exercised by the wife, if she files a substantive, suit under the Act; it cannot be exercised by her in a suit by her husband for restitution of conjugal rights or in any other proceedings. This is where the girl is married before puberty. • The husband should be major; • The husband should be of a sound mind; • There should be free consent of husband; • There should be intention to dissolve the marriage must exist. . 30. Puberty is attained at the age of fifteen years. Ila Under Dissolution of Muslim Marriages Act, 1939. Even though such a marriage is a contract and not a sacrament, the union falls or 'dissolves,' which is termed as 'Divorce'. According to Shia law, therefore, unless the minor on attaining majority, expressly ratifies the marriage, it is no marriage at all in the eyes of law. Course Code: LA W 202. The Mohammedan Law prescribes that any person with a sound mind and who has attained puberty [2] is eligible to get 'married,' where the proposal (Ijab) is accepted (Qubul) by the parties intending to get married. . Maintenance Under Muslim Laws. . But there are some conditions regarding this, A boy can dissolve a marriage only if his first two guardian (father and paternal grandfather) had given the consent of marriage negligently or fraudulently and marriage was manifest . Describe the remedies available to the wife in case of non-payment of Mater to her. Q.12. TYPES OF MARRIAGE UNDER MUSLIM LAW. 31. Large. But, under Shia law a minors marriage must be approved by the minor on attaining puberty. Subject: family law-II Class: LLB 2nd Semester University Institute of Legal Studies www.cuchd.in 1 Campus: Under Muslim law, a wife can take following defenses against husband's claim for restitution of conjugal rights: (1) False charge of adultery against wife by her husband. Q5) Write short notes on any three. Mahr and divorce. Under Shia law, there are four conditions for a Muslim man to be considered competent for pronouncement of a valid talaq-. 3. Islamic law did not have a provision that ensured the care and assistance of divorced Muslim women beyond the 'idda' period, calculated as 3 menstrual cycles. A marriage entered into by a girl while she has not attained puberty under Muslim law is a; a. valid marriage. The co-habitation of a minor girl . Prior to the Act the marriage is contracted for a minor girl by the father or grand father, the minor has no right to repudiate such marriage on majority. Rules relating to the option of puberty under Muslim law, may be stated as under: (i) The option of . Credi t Units: 04. 1550 Option of puberty under Muslim Law 1551 Gurdianship under Muslim Law 1552 Schools of Hindu Law 1553 Sarla Mudgal Vs Union of India (1995) 3 SCC 635 1554 Same Sex Marriage 1555 Naven Kohli Vs Neelu Kohli (AIR 2006 SC 1675) 1556 Savitaben Vs State of Gujrat (AIR 2005 SC1809) . ESSENTIALS OF NIKAH (Muslim Marriage) There should be a proposal, i.e., Ijab and acceptance, i.e., Qubul from the parties wanting to enter into a marital relationship. A Muslim man can have four wives at a time, but if he marries the fifth one despite of having four wives, the marriage turns to be irregular and not void. According to the book, "Puberty is presumed, in the absence of evidence, on completion of the age of 15 years.".
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